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EASA extension of scope finally adopted
The new 'Constitution' for aviation in Europe is now a reality. The
regulation that was published March 19'th is called Regulation (EC) No
216/2008 and will have significant consequences for everybody involved
in European aviation.
The regulation extends the scope of EASA to also cover third country
aircraft, operational rules and flight crew licensing. It contains
several important definitions such as commercial operation, and
complex motor-powered aircraft. Further it introduces a sub-ICAO
leisure pilot license for aircraft up to 2000 kg for which the
medical may be issued by a general medical practitioner.
On the operational side the regulation (annex IV) specifies the
essential requirements for operational rules that will be part of any
pilots curriculum together with a set of implementing rules which are
yet to be published by EASA.
Operationally the biggest change for non commercial aviation will be for
operators of non-commercial aircraft which fall under the definition of
a complex aircraft. Such non commercial operators - even one man
operations - in the future must have a management system with internal
reporting procedures, a safety programme, an operations manual and a
fatigue management system. The non commercial operator is not required
to hold an air operators certificate (AOC) but must submit a declaration
in which he specifies how he complies with the regulation.
A complex aeroplane in this context is any turbojet aircraft or any
turboprop aircraft with more than one engine, any aircraft that requires
more than one pilot, is certified for more than 19 seats or has a
maximum take-off mass exceeding 5700 kg. For example a King Air, an
Eclipse VLJ or a Diamond D-Jet will all be complex whereas most of the
single engine turboprops such as the TBM 850 or the Pilatus PC-12 will
be non-complex.
A very unfortunate implication of this definition as pointed out by
IAOPA from the beginning of the process, is that corporate operators
might be compelled to switch from twin-engine turboprops like the King
Air to single engine equivalents like the TBM 850. By doing away with
one engine they can get a larger and faster aircraft and avoid all the
new bureacratic hazzle associated with operating a complex aircraft.
This does not appear to do anything good for safety!
Another challenging part of the regulation is the definition of
commercial operation which implies that trial lessons and flight
training contrary to now will fall in the commercial category. That
clearly will have a very significant impact on flying schools that will
have to satisfy a whole new set of requirements and of course must
rewrite all their manuals and documentation.
A lot depends on the actual implementing rules that will specify the
requirements in detail. The essential regulation requires that the
implementing rules take into account 'the scale and scope of the
operation' and IAOPA is represented in the EASA working groups for OPS
and FCL rules comitted to making sure that the small non-commercial
operator is not forgotten in the big commercial game.
EASA's implementing rules are expected to go into consultation already
within a few months and the whole package will enter into force no later
than April 8'th 2012.
Read
the full text of Regulation (EC) No 216/2008
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